(A) Purpose: The variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this title that create practical difficulties or particular hardships.
(B) Initiation Of Variations: Any person having a right of ownership in or an option to buy any property in the village of River Grove may request a variation. All applications for variations shall be filed with the planning and zoning administrator in accordance with the requirements in section 6-3-1, "Application", of this title.
(C) Authority And Execution: The village board, after receiving a recommendation from the plan commission/zoning board of appeals, shall take formal action on variation requests.
(D) Procedure:
1. Acceptance Of Application By Planning And Zoning Administrator: Upon receipt of a complete application, the planning and zoning administrator shall review the application for completeness. The planning and zoning administrator shall distribute the application to the building commissioner and other applicable village departments for review, with any recommendations from the building commissioner and village departments to be heard at the plan commission/zoning board of appeals public hearing. The planning and zoning administrator shall schedule the application for an upcoming plan commission/zoning board of appeals agenda for consideration.
2. Action By The Plan Commission/Zoning Board Of Appeals:
(a) The plan commission/zoning board of appeals shall hold a public hearing in accordance with section 6-3-2, "Public Hearing", of this title within thirty (30) days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 6-3-3, "Public Notice", of this title.
(b) Within thirty (30) days of the close of the public hearing, the plan commission/zoning board of appeals shall forward its findings of fact and recommendation of either approval, approval with conditions, or denial on applications for variations to the village board.
3. Action By The Village Board: The village board shall consider the application within thirty (30) days of receiving the findings of fact and recommendation from the plan commission/zoning board of appeals. The village board may take action in the form of approval, approval with conditions, or denial on applications for variations. The village board may also refer the matter back to the plan commission/zoning board of appeals for further consideration. Any variation for which the plan commission/zoning board of appeals recommends denial may only be approved by a favorable two-thirds (2/3) vote of the village board.
(E) Findings Of Fact For Variations: A variation from the provisions of this title shall not be granted unless the plan commission/zoning board of appeals in its recommendation, and village board in its decision, make specific findings of fact directly based on the standards and conditions imposed by this section. The standards for variations shall be as follows:
1. Hardship: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a practical difficulty or particular hardship.
2. Unique Physical Conditions: The subject property is exceptional, as compared to other properties subject to the same provisions, by means of a unique physical condition, including:
(a) Irregular or substandard size, shape, or configuration.
(b) Exceptional topographical features.
(c) Presence of an existing use, structure, or sign, whether conforming or nonconforming.
(d) Other extraordinary physical conditions peculiar to, and inherent in, the subject property.
These unique physical conditions shall amount to more than a mere inconvenience to the property owner and shall relate to or arise out of the characteristics of the property rather than the personal situation or preference of the current property owner.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the property owner, or his/her predecessors in title, and that it existed at the time of enactment of the provisions from which a variation is sought, was created by natural forces or was the result of governmental action, other than the adoption of this title.
4. Denied Substantial Rights: The carrying out of the strict letter of provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other properties subject to the same provisions.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupants to enjoy some special privilege or additional right not available to owners or occupants of other lots or properties subject to the same provisions, nor merely the inability of the owner to gain a greater financial return from the use of the subject property.
6. Conformance With This Title And Plan Purposes: The variation would not result in a use of development of the subject property that would not be in harmony with the general and specific purposes of this title, including the provision from which a variation is sought, or the general purpose and intent of the comprehensive plan.
7. No Other Remedy: There is no means, other than granting the requested variation, by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.
8. Minimum Relief Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title.
(F) Variation Less Than Requested: The plan commission/zoning board of appeals may recommend, and the village board may grant, variations less than or different from that requested when the record supports the applicant's right to some relief, but not to the entire relief requested.
(G) Conditions On Variations: The plan commission/zoning board of appeals may recommend, and the village board may impose, specific conditions and restrictions concerning use, construction, character, location, landscaping, screening and other matters, which address the purposes and objectives of this title, upon any property that is granted a variation. These conditions may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities or services. Such conditions shall be expressly set forth in the ordinance or order granting the variation. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the variation.
(H) Limitations On Variations:
1. Variations shall become null and void unless a building permit is issued and construction is actually begun within six (6) months of granting the variation and is thereafter diligently pursued to completion. After notice to the property owner and an opportunity for a hearing, the village board may terminate the variation. However, the village board may extend this period, upon written request from the applicant showing good cause.
2. A variation is granted to a specific property and authorizes the conduct of the variation only on the property represented on the application and is not transferable to other properties.
3. The approval of a variation only authorizes the particular construction or development for which it was issued, but does not authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration or moving of any building or structure without first obtaining any other required permit, including a zoning certificate, building permit and occupancy permit. The approved variation shall automatically expire and cease to be of any force or effect if such construction or development is beyond the scope so authorized.
(I) Fees: Fees shall be established from time to time by resolution of the village board. (Ord. 2006-37, 12-21-2006)